Requires railroad company to negotiate in good faith
with certain entities for sale of railroad right of way proposed for
abandonment.

CURRENT VERSION OF TEXT

As amended by the General Assembly on March 16, 2009.

An Act concerning railroad rights of way and amending
P.L.1967, c.282.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1967,
c.282 (C.48:12-125.1) is amended to read as follows:

11.1a. In
order to permit the State and its political subdivisions to receive notice of,
and be afforded an opportunity to acquire, by purchase or condemnation,
railroad rights of way proposed to be abandoned, any railroad company which
makes application to the [Interstate
Commerce Commission]Surface Transportation Board for authority to abandon any part of its
right of way on which passenger or freight services are operated, or to
abandon, sell, or lease any of its right of way over whichservices
have previously been 2[abandoned]authorized for
abandonment2
and title to such right of way currently remains with the railroad shall,
within 10 days of making such application,serve notice thereof upon the State and upon each county and
municipality in which any part of the right of way proposed for abandonment is
located.

2b.2 No sale or
conveyance of any part of such right of way shall thereafter be made to any 2[person]entity2 other than the
State, [a]or2[such] a2 county or
municipality, for a period of 90 days from the date of approval by the [Interstate Commerce
Commission]Surface
Transportation Board of the application for abandonment or from the date of
service of the notice 2[in]required bysubsection
a. of2
this section 2[required]2, whichever
occurs later, unless prior thereto each governmental 2[agency]entity2 entitled to such
notice shall have filed with the railroad company 2a2 written disclaimer
of interest in acquiring all or any part of said right of way 2during the time
period in which a railroad company is restricted from selling or conveying any
part of a right of way pursuant to this subsection2.

2[b.]c.2During the
period of 90 days in which a railroad company is prohibited from selling or
conveying any part of a right of way pursuant to subsection2[a.]b.2of this
section, such railroad company shall negotiate in good faith for the sale or
conveyance of the right of way with the State, or with any municipality or
county in which the right of way proposed for abandonment is located and which
expresses2written2interest in
acquiring such right of way.

2[c.] d.2 Any sale or
conveyance of a right of way made after the expiration of the foregoing 90-day
period to any2[person] entity,2other than the
State or a county or municipality in which any part of the right of way
proposed for abandonment is located, shall be subject to the right of first
refusal by any of the foregoinggovernmental entities2[which
shall have],
provided that the governmental entity has2made an offer to purchase such
right of way during the 90-day period and which offer was refused by the
railroad company.2The
governmental entity shall have no less than 90 days from either the date of
receipt from the railroad company of an offer to purchase the right of way by
an entity, other than one of the foregoing governmental entities, or any other
contract setting forth the terms and conditions governing the sale to which
this right of first refusal is applicable or the effective date of abandonment
as authorized by the Surface Transportation Board, including the expiration of
any stays, whichever occurs later, to exercise this right of first refusal.2Upon
exercising this right of first refusal, the governmental entity shall purchase
the right of way for the same amount agreed upon between the railroad company1and1the person to
whom the company attempted to sell or convey such right of way2pursuant to this
subsection2.

2[d.]e.2 Any sale or
conveyance made in violation of [this
act]P.L.1967,
c.282 (C.48:12-125.1 et seq.) shall be void.

As used in this act
"right of way" means the roadbed of a line of railroad, not exceeding
100 feet in width, as measured horizontally at the elevation of the base of the
rail, including the full embankment or excavated area, with slopes, slope
ditches, retaining walls, or foundations necessary to provide a width
not to exceed 100 feet at the base of rail, but not including tracks, appurtenances,
ballast nor any structures or buildings erected thereon.